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Monday, 20 April 2009

Judicial registrars may consider diversion

From today, Judicial Registrars may adjourn charges to allow an accused to participate in a diversion program under s 128A of the Magistrates' Court Act.

The Magistrates' Court (Judicial Registrars) Amendment Rules 2009 amend the Magistates' Court (Judicial Registrars) Rules 2005 to extend the powers of Judicial Registrars.

As an aside, did you know each Court regularly creates its own Rules under their principal Act? Although they are a type of delegated legislation, they are not statutory rules and not subject to many of the provisions of the Subordinate Legislation Act 1994.

Local laws under s 111 of the Local Government Act 1989 are another example.

Some subordinate legislation is exempt from the definition of statutory rule, only needs to be published in the Government Gazette, and isn't subject to the ten-year sunset rule. The Shrine of Rememberance Regulations are one example.

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